1. General provisions, scope
These Terms and Conditions form an integral part of each and every contract concluded between Joulia SA and a customer. They shall be attached to every offer. Accordingly, they shall be valid for each and every order, contract or acceptance of goods and shall be deemed accepted without any reservation. They prevail over all other general conditions; subsidiary agreements, assurances and product specific conditions shall be reserved and must in each case be agreed to in writing by two authorized employees of Joulia SA. Joulia SA reserves the right to change these Terms and Conditions at any time.
All offers on web sites in catalogues, brochures, exhibitions etc. are non-binding and subject to change. Joulia SA is only obligated to offers that are personally addressed to our clients. The product range may be changed at any time and without special notification. Joulia SA is not obliged to have in stock all articles that are listed on web sites, in catalogues, brochures, and exhibitions.
Prices are based on the price list valid when the contract is concluded. Joulia SA reserves the right to change the indicated prices at any time and without special notification. Unless otherwise indicated these prices indicate the factory pick-up price for Joulia SA inventory. The prices are indicated in Swiss Francs (CHF) or in Euro (EUR).
All costs for transport, installation, packaging, pallets, unloading, crane, special machines, etc. are not included in our prices. These costs may be increased, in particular due to fuel price fluctuations and adjustments to the HVF.
4.1. Transport costs
The transport costs amount in any case to 3% of the value of the goods, but at least CHF 20.00 excl. VAT. Transport outside Switzerland will be charged at cost.
4.2. Express surcharges
Orders must be received in writing by Joulia SA by 12.00 noon on Monday and 12.00 noon on Thursday in order to be dispatched the following day. For deliveries outside this order window (deliveries are made on Tuesdays and Fridays), an express surcharge of Fr. 150.00 excluding VAT will be levied.
4.3. Partial delivery surcharges
If the gutter and cover are to be delivered separately, a partial delivery surcharge of Fr. 85.00 excluding VAT will be levied.
5.1. Delivery periods
Joulia SA makes every effort to meet delivery deadlines. However, these are for orientation only and are not obligatory for Joulia SA. If these deadlines are missed, however, customers shall not be granted the right to terminate the contract or to receive compensation from Joulia SA. In particular cases of force majeure, strikes, termination of business operations, production limitations, damages to production plants, delays in delivery or non-delivery of a supplier, operational or traffic disruptions or similar unpredictable events or events that are beyond our control, shall exonerate Joulia SA from the fulfillment of concluded contracts within the agreed delivery period or from the entire fulfillment in the case of an impossible delivery. The agreed periods of delivery enter into force with the conclusion of the contract, but no earlier than the submission of all necessary information from the customer. If delivery on call has been agreed upon, the customer is obliged to collect the goods within the agreed period; if there is no particular period agreed, it shall be no longer than six months after the conclusion of the contract. Upon expiry of this period, Joulia SA shall be entitled to demand the immediate fulfillment of the contract. If prices are increased by the suppliers to Joulia SA before the goods are collected or before a partial delivery has taken place, the costs may be passed on for partial deliveries or for the goods that have not been collected.
5.2. Transport and unloading
Our goods shall be delivered by Joulia SA or by a transport company commissioned by Joulia SA to the address indicated in the offer, the order confirmation or otherwise provided by the customer; the place of delivery has to be easily accessible by our vehicles. Unloading means the goods will be placed on the ground next to the vehicle. The recipient shall be obliged to provide the necessary assistance during unloading. Joulia SA shall be entitled to invoice waiting times in accordance with the valid fees. If the delivery was announced, but neither the customer nor an authorized person is present during delivery, the goods are deemed as delivered. The customer shall report any transport damage in writing to the delivering point of sale of Joulia SA and the transport agency within 48 hours after the acceptance of the goods.
Risk and benefit shall be transferred to the customer upon delivery of the goods from the point of sale or the warehouse of Joulia SA to the customer, even if postpaid delivery or a similar clause has been agreed upon. The only exceptions are deliveries that are carried out by Joulia SA or on their behalf by a supplier, in which case risk and benefit shall be transferred to the customer upon unloading.
The intellectual property and expertise of Joulia SA in all information made available to the customer in the framework of a contract, documents, procedures, data, samples, items, expertise, software etc., shall remain with Joulia SA and may not be sold or used without the permission of Joulia SA. As long as these items are not subject to copyright, Joulia SA explicitly reserves the copyrights.
Minor deviations, customary or resulting from production, in size, surface condition, mass and color, and all deviations in general, resulting from valid standards shall not be considered defects as long as the goods delivered are suitable for the intended purpose. The following cases shall not be considered defective: Disregard of recognized rules of the construction industry, improper handling, use, implementation or storage; disregard of technical instructions or installation and maintenance guides; disregard of construction and other rules of our suppliers and manufacturers, natural wear and tear or excessive usage.
8.2. Notice of defect
The customer or his authorized driver shall inspect the quality of the goods upon receipt. Notice of defective goods and claims due to incomplete or incorrect delivery shall be considered by Joulia SA only if they are reported to the delivering point of sales within a period of seven workdays after receipt of the goods with presentation of the delivery bills or the invoice. Defects that are not recognizable right away have to be reported immediately after they are detected. If the customer fails to carry out a proper inspection, goods are considered approved. Defects shall be properly described. Rejected goods shall not be installed, or used, respectively, otherwise they are considered approved. Joulia SA shall refer the notice of defect to the relevant supplier or manufacturer.
The term of warranty is five years after delivery for the drain or tray with integrated heat exchanger and two years for the shower deck.
8.4. Warranty services
In the case of qualified notice of defect and warranty claims, Joulia SA shall be entitled to replace or repair the faulty goods at their own cost in its plant in Bienne, grant a discount or annul the purchase. The costs for removal and reinstallation as well as for transport shall be borne by the customer. Repaired or replaced goods are subject to warranty granted by Joulia SA in the same way as the original service. The ownership of replaced or returned goods is transferred to Joulia SA. In special cases, Joulia SA may take over the costs for installation, removal or transport and services partly or entirely, as long as they are in an appropriate ratio to the value of the defective goods. Any further claims, in particular for the replacement of damages that do not arise from the goods delivered (direct or indirect damages) are excluded. Notice of defect and warranty claims do not exempt the customer from their obligation of timely payment.
Joulia SA shall be held liable only if unlawful intention is proven or in the case of gross negligence and only for direct damages. Moreover, any claims for damages of customers to Joulia SA, in particular resulting from negligence when entering into the contract (culpa in contrahendo), from positive infringement of contract, from breaches of contractual ancillary obligations, from consequential damages, from tort, delay, from the impossibility as well as the infringement of the protective rights of third parties, are excluded. Furthermore, Joulia SA shall not be held liable for damages as a result of natural wear and tear, inappropriate or improper usage, faulty installation or operation by customers or third parties, faulty or negligent handling or excessive usage, or other reasons for which Joulia SA is not responsible. The same is true if the customer or third party does not immediately give Joulia SA the opportunity to remedy a defect after its detection.
Exchange and product returns are only possible upon agreement with Joulia SA. Custom built goods and goods that Joulia SA does not have in stock or that were delivered from the factory are non-returnable. Any cost for transport and packaging shall be borne by the client. Expired goods or opened packages will not be exchanged nor can they be returned. Returned goods will be accepted only in perfect condition; they shall be credited with a deduction of 20 % minimum on the invoiced price. Joulia SA shall complete a returns notice for all returned goods.
Invoices are payable net within a period of 30 days after date of the invoice. If required by the circumstances, in particular with individual orders, special or custom orders, Joulia SA shall be entitled to demand cash, advance or down payment, guarantee or payment before the end of the payment period. If the payment period is exceeded, the customer shall be in delay without a separate reminder. Joulia SA shall be entitled to demand reminder fees and default interest customary to the trade. Customers who have exhausted their credit limit and who have delayed their payments for more than one month can be blocked for deliveries on credit with immediate effect and without any special notice. In the case of a customer’s delay, Joulia SA can suspend further deliveries until the delay is remedied; if this does not happen, Joulia SA may withdraw from the contract. In the case of late payments, Joulia SA reserves the right to take back the goods sold. Deductions without credit are not permitted. Any unauthorized discounts shall be automatically charged in addition. If a discount has been agreed, it may be calculated only after the deduction of the credit. Payment by credit card shall not be a basis for discount.
Joulia SA and the customer herewith explicitly agree on a reservation of proprietary rights, valid for all purchase contracts concluded between the parties. The customer is not the owner of the goods sold on the occasion of transfer of ownership, but only once the entire agreed purchase price is paid. Joulia SA is entitled to initiate unilaterally at their cost the registration of an existing reservation of title in the public registry of the enforcement authority.
Changes in the customer’s circumstances, such as payment delays, payment difficulties, and payment suspensions as well as the initiation of enforcements and procedures shall entitle Joulia SA to the immediate withdrawal of any delivery obligations.
Place of fulfillment is the address of Joulia SA. Any disputes arising from the contract or the relevant Terms and Conditions shall have their place of jurisdiction at the address of Joulia SA. The contract and the Terms and Conditions shall be subject to Swiss law. If any individual clauses of these Terms and Conditions are deemed invalid, the validity of the remaining clauses shall remain unaffected.
Published in March 2021